0097
ORDINANCE NO. 97
AN ORDINANCE PROVIDING FOR REQUIREMENT OF FILING ANNUAL
REPORTS BY TELEPHONE, TELEGRAPH, ELECTRIC, WATER AND OTHER
PUBLIC UTILITY SUPPLIERS WITHIN THE TOWN OF SOUTHLAKE,
TEXAS, AS PROVIDED IN ARTICLE 1121, 1925 REVISED CIVIL
STATUTES OF TEXAS, SAVE AND EXCEPT SUPPLIERS OPERATING
IN SAID TOWN PURSUANT TO A FRANCHISE GRANTED BY ITS
GOVERNING BODY, AND FOR EXAMINATION OF BOOK AND RECORDS
OF SUCH SUPPLIERS BY A DULY AUTHORIZED REPRESENTATIVE
OF THE TOWN; PROVIDING FOR RENTALS TO BE PAID BY SUP-
PLIERS OF SUCH PUBLIC UTILITY SERVICE FOR THE ~'RIVILEGE
OF USING THE STREETS, EASEMENTS, ALLEYS, PARKS AND OTHER
PUBLIC WAYS WITHIN THE TOWN OF SOUTHLAKE, TEXAS, AN AMOUNT
EQUAL TO TWO (2) PERCENT OF THE GROSS RECEIPTS RECEIVED
BY SUCH SUPPLIER DURING THE PREVIOUS CALENDAR YEAR; PRO-
VIDING A PENALTY FOR FAILING TO FILE SUCH ANNUAL REPORT
AND PAYMENT OF RENTAL AS PROVIDED THEREIN OF ONE HUNDRED
($100.00) DOLLARS FOR EACH AND EVERY DAY THAT SUCH SUPPLIER,
SHALL CONDUCT SUCH BUSINESS AND OCCUPY'THE STREETS, EASE-
MENTS, ALLEYSt PARKS AND OTHER PUBLIC WAYS OF THE TOWN,
DURING WHICH SUCH SUPPLIER SHALL BE IN DEFAULT; PRE-
SCRIBING A PENALTY OF NOT TO EXCEED A FINE OF MORE THAN
ONE HUNDRED ($100.00) DOLLARS FOR FAILING AND REFUSING
TO ALLOW EXAMINATION OF SUPPLIERIS BOOKS AND RECORDS;
CONTAINING A SAVINGS CLAUSE, DECLARING AN EMERGENCY, AND
PROVIDING THAT SUCH ORDINANCE SHALL BE EFFECTIVE AND BE
IN FULL ]FORCE, AND EFFECT UPON ITS ADOPTION AND PUBLI-
CATION AS BY LAW PROVIDED.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF SOUTHLAKE,
TEXAS:
1.
THAT all persons, associations, organizations, and corporations,
excepting suppliers of Public Utility Service pursuant to a Franchise
granted by the Town of Southlake, Texas, using or maintaining any
telegraph, telephone, electric light or other poles, gas pipe lines,
water pipe lines, pipes and other fixtures in any of the streets, high-
ways, easements, alleys, parks or other places within the Corporate
Limits of the Town of Southlake, Texas, shall on the 1st day of March
of each and every year, file with the Town Secretary a sworn report
showing the gross receipts from the business conducted by such persons,
associations, organizations and corporations within the Corporate Limits
o-.:-' tiie said Town and such other information as is provided by Article
11211 1925 Revised Civil Statutes of Texas, for the preceding year
ending December 31.
2.
THE Board of Aldermen may, when it may see fit, have the b o.oks
and records of such person, association, organization, or corporation
rendering the statement required in Section 1 of this Ordinance, examined
by a representative of the Town to ascertain whether such statement
is accurate, but nothing in this Ordinance shall be construed to prevent
the Town from ascertaining the facts by any other method.
3.
THAT, on or before the 1st day of April of each and every year,
every person, association, organization, or corporation occupying or
using the streets, highways, easements, alleys, parks, or other public
places in the Town of Southlake, Texas, with poles, pipes, and for
other fixtures shall as a condition to such further occupancy pajt to
the Town annually for such privileges a rental equal of two (2) per-
cent of the gross receipts received by such person, association, or-
ganization, or corporation from its business conducted in the Corporate
Limits of the Town of Southlake, Texas,for the preceding year, which
sums shall be paid to the Town of Southlake, Texas.
4.
THAT, upon receipt of the above rental by the Town, the
Town Secretary shall deliver to the person, association, organization,
or corporation paying the same a receipt of such rental, which said
receipt shall authorize such person, association, organization, or
corporation to use and occupy the streets, highways, easements, alleys,
parks and other public ways of the Town in carrying on its business
for twelve (12) months from January 1, of such year.
5.
THAT, the rental for the privilege of using the streets, alleys,
highways, easements, parks or other public places of the Town of Southlake
provided for in this ordinance is not charged as a tax, but is made
for the privilege now enjoyed and to be enjoyed by such persons, asso-
ciations, organizations, and corporations of using the streets, ease-
ments, alleys, and other public ways of the Town in the conduct of their
respective businesses; and such charges are additional to all ad valorem,
franchise taxes and all other taxes of every nature whatsoever against
the persons, associations, organizations or corporations mentioned herein.
6.
THAT nothing herein is intended to relieve any person, asso-
ciation, organization, or corporation of any condition, restriction
or requirement, imposed by any law or ordinance of said Town of
Southlake, Texa.s.
2
7.
THAT, this ordinance does not grant a franchise to any
utility, or person, association, organization or corporations to use
the streets, easements, alleys and other public ways and shall never
be so construed by the courts or otherwise, and the Town reserves the
right to cancel the -privileges granted hereunder and refund the un-
earned rentals for the year in which such cancellation becomes effective
paid to the Town.
8.
THAT the Town of Southlake hereby reserves the right to put
into effect at any time other restrictions and regulations as to the
erection and maintenance of poles, wires, pipes, and other appurtenances
in the streets, easements, alleys and other public ways of the said
Town and from time to time to require such poles, pipes, wires and
other property equipment and fixtures as it may deem proper to be
removed and to require wires to be run in conduits on such terms as the
Town may deem proper.
9•
THAT, every person, association, organization, and cor>>orati.on
who shall operate any business without filing the report as provided in
Section 1, hereof, and the payment of the rentals provided for herein
shall be subject to a penalty of One Hundred ($100.00) Dollars for each
and every day that such person, association, organization, or corporation
shall conduct such business using and occupying the streets, easements,
alleys, parks or other public ways of the Town of Southlake without
the payment of the said rentals which said sum may be recovered by the
Town of Southlake in a court of competent jurisdiction by a suit filed
herein.
10.
THAT, every person, association, organization or cor-oration
and the local manager or agent of every such person, organization or
corporation failing or refusing to allow the examination -provided for
in Section 2 hereof shall upon conviction in the Corporation Court of
the Town of Southlake, Texas, be fined in any sum not to exceed
One Hundred ($100.00) Dollars and every day's failure or refusal, as
mentioned in this Section, shall be deemed a separate offense.
11.
THE Village Fire Marshal, building inspector, electrical in,
spector, Town police officers, and such other persons designated by
the Town, shall have power and it shall be their duty to examine and
inspect from time to time all telegraph, telephone, electric light
or other poles, gas pipe lines, water pipe lines, pipes and other
fixtures in the public places witnLin the Town for the purpose of seeing
such item is found to be unsafe or unsuitable for the purposefor which
it is used, the person using, pdssessing or maintaining same shall be
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S TA TE OF TEXAS
COUNTY OF TARRANT
I hereby certify that the attached notice was published in
The Grapevine Sun, a newspaper published in Grapevine, Tarrant
County, Texas, on April 4, 1957.
ubl s er of rapevine
Subscribed and sworn to before me this} day of 1957.
G~
Notary u, c, rrant o. , xas
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